SAINT LUCIA
Since March 2011, last amended in May 2014
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Electronic Transactions Act No. 16 of 2011
Saint Lucia enacted the Electronic Transactions Act No. 16 of 2011, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
SAINT LUCIA
Since April 1993, last amended in December 2005
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Customs (Management and Control) Act
Pursuant to Schedule 3 of the Customs (Management and Control) Act, the importation of radio and television transmitting equipment, including walkie-talkies, is prohibited unless authorised under a licence issued by the Minister of Communications.
Coverage Radio and television transmitting equipment
SAINT LUCIA
Reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Reported export licence
The Act No. 5 of 1968 - External Trade Act grants the Minister authority, under Art. 5, to regulate the export of goods through orders published in the Gazette. These orders may prohibit exports without a licence, impose restrictions, or set conditions for exportation. Such orders take effect upon publication and automatically cancel previously issued licences, requiring the Permanent Secretary to issue new licences in compliance with the updated provisions.
Art. 6 empowers the Permanent Secretary to issue licences for export-restricted goods, provided the export does not undermine any trade agreements or arrangements related to internal or external trade or currency approved by the Government. Licences are denied if the export poses risks to these agreements or arrangements.
As of 2023, these requirements only apply to radio and television transmitting equipment, whose exports are allowed only with a licence from the Minister of Communications.
Art. 6 empowers the Permanent Secretary to issue licences for export-restricted goods, provided the export does not undermine any trade agreements or arrangements related to internal or external trade or currency approved by the Government. Licences are denied if the export poses risks to these agreements or arrangements.
As of 2023, these requirements only apply to radio and television transmitting equipment, whose exports are allowed only with a licence from the Minister of Communications.
Coverage Radio and television transmitting equipment
Sources
- https://web.archive.org/web/20260216131947/https://attorneygeneralchambers.com/laws-of-saint-lucia/external-trade-act/section-6
- https://web.archive.org/web/20240221053355/https://importlicensing.wto.org/sites/default/files/members/126/External%20Trade%20Act%20Cap%2013.11_31.12.2006.pdf
- https://web.archive.org/web/20240413073354/https://www.wto.org/english/tratop_e/tpr_e/s437-05_e.pdf
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SAINT LUCIA
Since April 2001, last amended in March 2003
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Statutory Instrument 10/2002 - Telecommunications (Terminal Equipment and Public Network) Regulations
According to Art. 4 of the Statutory Instrument 10/2002, the equipment mentioned in Art. 4.2 must receive a type approval certificate from the regulatory authority. This includes cellular telephones, cordless telephones, fax machines, GSM machines, mobile radios, modems, wireless remote devices, PABXs, pagers, radio receivers and transmitters, satellite earth stations, telecommunications switching equipment, telephone instruments, telex equipment, other equipment emitting a radio signal and any other customer premise equipment to be attached to any part of a licensed telecommunications network.
According to the Caribbean Cooperation for Accreditation (CCA) standards, foreign businesses must pass an accreditation by accredited laboratories that have Mutual Recognition Agreements (MRAs) with counterpart bodies. Test results from accredited laboratories, which are parties to a given MRA, are automatically accepted. The CCA is based on principles of cooperation and collaboration among the recognised National Accreditation Bodies (NABs).
According to the Caribbean Cooperation for Accreditation (CCA) standards, foreign businesses must pass an accreditation by accredited laboratories that have Mutual Recognition Agreements (MRAs) with counterpart bodies. Test results from accredited laboratories, which are parties to a given MRA, are automatically accepted. The CCA is based on principles of cooperation and collaboration among the recognised National Accreditation Bodies (NABs).
Coverage Telecommunication equipment
SAINT LUCIA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Saint Lucia does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
SAINT LUCIA
Since February 2016, entry into force in January 2020
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act No. 09 of 2016
The Consumer Protection Act provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
SAINT LUCIA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Saint Lucia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SAINT LUCIA
Since March 2011, last amended in May 2014
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Electronic Transactions Act No. 16 of 2011
Saint Lucia enacted the Electronic Transactions Act No. 16 of 2011, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SAINT LUCIA
Since March 2011, last amended in March 2015
Pillar Cross-border data policies |
Indicator Conditional flow regime
Data Protection Act
According to Art. 45 of the Data Protection Act 2011, data shall not be transferred to a country or territory outside Saint Lucia unless the country or territory ensures an adequate level of data protection or the Commissioner has authorised the data controller to transfer the data abroad. Alternatively, personal data can be transferred abroad under certain exceptions, which are listed in Art. 45.2. These include cases in which (i) the data subject has given consent to the transfer; (ii) the transfer is necessary to safeguard national security; (iii) the matter concerns public security; (iv) the transfer is made on such terms as may be approved by Commissioner as ensuring the adequate safeguards for the protection of the rights of the data subject.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230425080819/https://www.dataguidance.com/sites/default/files/act_11_of_2011.pdf
- https://web.archive.org/web/20240803021228/https://www.dataguidance.com/sites/default/files/act_2_of_2015.pdf
- https://web.archive.org/web/20240227181009/https://attorneygeneralchambers.com/laws-of-saint-lucia/data-protection-act
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SAINT LUCIA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Saint Lucia has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
SAINT LUCIA
Since March 2011, last amended in March 2015
Pillar Domestic data policies |
Indicator Framework for data protection
Data Protection Act
The Data Protection Act provides a comprehensive regime of data protection in St. Lucia.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230425080819/https://www.dataguidance.com/sites/default/files/act_11_of_2011.pdf
- https://web.archive.org/web/20240803021228/https://www.dataguidance.com/sites/default/files/act_2_of_2015.pdf
- https://web.archive.org/web/20231130212847/https://attorneygeneralchambers.com/laws-of-saint-lucia/data-protection-act
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SAINT LUCIA
Since August 2007
Pillar Domestic data policies |
Indicator Minimum period for data retention
Statutory Instrument 2007, No. 148 - Telecommunications (Quality of Service) Regulations 2007
According to Art. 14 of the Telecommunications (Quality of Service) Regulations 2007, telecommunications providers shall retain quality of service data, all measurements and related records for a minimum period of 18 months after the end of the reporting period or until the National Telecommunications Regulatory Commission may direct.
Coverage Telecommunications sector
SAINT LUCIA
Since March 2011, last amended in May 2014
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act No. 16 of 2011
The Electronic Transactions Act 2011 establishes a safe harbour regime for intermediaries for copyright infringements. Pursuant to Art. 47, an intermediary or an internet service provider who provides a conduit is not liable for the content of electronic records that indicate a likelihood of civil or criminal liability if the intermediary or internet service provider: (i) had no actual knowledge of such information; or (ii) on acquiring actual knowledge or becoming aware of such facts, followed the takedown procedures required by the Regulations as soon as possible.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230425091546/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/lc/lc040en.pdf
- https://web.archive.org/web/20220321091316/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/lc/lc002en.pdf
- https://web.archive.org/web/20210720011032/http://publications.europa.eu/resource/cellar/f5c1c99f-9d19-452b-b0b0-ed690a53dd5f.0006.05/DOC_1
- https://web.archive.org/web/20260216131550/https://attorneygeneralchambers.com/laws-of-saint-lucia/electronic-transaction-act/act
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SAINT LUCIA
Since March 2011, last amended in May 2014
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act No. 16 of 2011
The Electronic Transactions Act 2011 establishes a safe harbour regime for intermediaries beyond copyright infringements. Pursuant to Art. 47, an intermediary or an internet service provider who provides a conduit is not liable for the content of electronic records that indicate a likelihood of civil or criminal liability if the intermediary or internet service provider: (i) had no actual knowledge of such information; or (ii) on acquiring actual knowledge or becoming aware of such facts, followed the takedown procedures required by the Regulations as soon as possible.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230425091546/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/lc/lc040en.pdf
- https://web.archive.org/web/20220321091316/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/lc/lc002en.pdf
- https://web.archive.org/web/20231103120743/https://caricom.org/documents/4906-revised_treaty-text.pdf
- https://web.archive.org/web/20260216131550/https://attorneygeneralchambers.com/laws-of-saint-lucia/electronic-transaction-act/act
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SAINT LUCIA
Reported in 2021, last reported in 2025
Pillar Intermediary liability |
Indicator User identity requirement
User identity requirement for SIM registration
It is reported that Saint Lucia imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in the case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20251119044817/https://www.phonetravelwiz.com/buying-a-sim-card-in-saint-lucia-guide/
